Hit By a Semi-Truck in Louisiana: What Do I Do?
Nobody plans to be involved in an accident; however, what do you do when you are visiting family in Louisiana and your car is hit by a semi-truck? Who is going to pay for the damage? Will the driver’s insurance cover your medical bills, or is that the responsibility of the trucking company? If you require emergency medical attention and you are no longer able to work, who will provide income for your family? The procedure for filing a lawsuit against a commercial trucking company is similar to the process involving a regular car but you do have a few options in terms of who you can sue. For immediate assistance, call our Louisiana Trucking Accident Attorneys now or fill out our form on the contact us page and one of our Louisiana Trucking Accident Attorneys will return your call immediately.
Who Should Your Louisiana Trucking Accident Attorneys Sue?
In a regular car accident, you sue the driver. In some states, people file claims against the owner of the vehicle, even if he was not inside the car at the time of the accident. The process is simple; you are only dealing with one individual. With a semi-truck accident, however, there are a few other individuals you may sue as well.
Much like in a typical car accident, you would sue the truck driver. If the driver is directly employed by the trucking company and he is not working for himself, you would also sue the employer. The benefit to this scenario is that the employers are always responsible for what their employees do when they are on the clock, whether the actions are responsible or negligent.
However, there may be other individuals in partnership with the trucking company itself. For example, you may have one person who is the owner of the truck. He may hire another individual to drive the truck or he may lease the truck to another driver or company to deliver goods for yet another business. As you can see, depending on the situation, you may be entitled to sue the lessor, the owner and the company in charge of the goods inside the vehicle. If the accident resulted from mechanical problems, you may also sue the garage as well.
Suing an Individual Company
There are some Louisiana Trucking Accident Attorneys who may recommend you sue the employer and not the operator of the vehicle. While this may not make sense right away since you feel that the driver should be held accountable for his actions, the reason behind it is simple: a single truck driver may obtain more sympathy from the jury. After all, he more than likely did not intentionally try to cause the accident. Instead, the jury would look more unfavorably upon the faceless trucking company, especially if it is a large corporation, thus resulting in higher compensation for you and your family.
Independent Contractor Truckers
Someone who works solely for himself without direct employment from a higher company is known as an independent contractor. If the accident involved an independent contractor, you would sue him as the sole person responsible for the accident. However, there may be another company responsible, albeit to a lesser extent. It is up to your lawyer to determine if such is the case.
Independent contractors have agreements with companies to deliver or distribute goods in exchange for pay. In these contracts, the company may or may not agree to be held accountable for the actions of the contractor, depending on the situation.
Have You Been Injured?
If you or someone you love has been involved in a semi-truck accident in Louisiana, contact our experienced Louisiana Trucking Accident Attorneys. Here at Attorney Group for Louisiana, our knowledgeable Louisiana Trucking Accident Attorneys can assist you and determine who you are entitled to sue as a result of your accident: the driver, his employer or other individuals. We will work to gain you the financial compensation you are owed.
